Now, the City of Memphis has filed documents in federal court requesting all claims against the city, Toney Armstrong in his official capacity as police director at the time, and the officer who killed Stewart, to be dismissed.

The city claims the family failed to state any claims, but the family attorney disagrees.

The family attorney told WMC Action News that a motion from the city of Memphis was filed earlier in September to challenge the lawsuit against MPD, the City of Memphis, Schilling, and former MPD Director Toney Armstrong.